Brown v. Houston

United States District Court, D. Nebraska

May 18, 2016

MARVIN L. BROWN JR., Plaintiff,v.ROBERT HOUSTON, Director, in his official and individual capacity, MICHAEL KENNEY, Director, in his official and individual capacity, SCOTT FRAKES, Director, in his official and individual capacity, DIANE SABAKA RHINE, Associate Director, in her official and individual capacity, RANDY KOHL, Medical Director, in his official and individual capacity, FRANCIS BRITTEN, Warden, in his official and individual capacity, MARIO PEARTZ, Warden, in his official and individual capacity, BRIAN GAGE, Warden, in his official and individual capacity, SCOTT BUSBOOM, Associate Warden, in his official and individual capacity, SHAWN SHERMAN, Unit Admin., in his official and individual capacity, DR. JEFF DAMME, in his official and individual capacity, DR. BOLT, in his official and individual capacity, KIMBERLY DOHT, APRN, in his official and individual capacity, CHERYL FLINN, in her official and individual capacity, LUE YOUNG, in her official and individual capacity, CHRIS, PA/RNs, in his official and individual capacity, T PELLA, CPL Officer, in his official and individual capacity, TAYLOR, in his official and individual capacity, and FALK, worker and Manager, in his official and individual capacity, Defendants.

MEMORANDUM AND ORDER

RICHARD G. KOPF SENIOR UNITED STATES DISTRICT JUDGE

This
matter is before the court on Plaintiff’s Motion for
Leave to Proceed in Forma Pauperis (“IFP”).
(Filing No. 2.) The court has received a certified copy of
Plaintiff’s trust account information. (Filing No. 3.)
Plaintiff is permitted to proceed IFP.

Pursuant
to 28 U.S.C. § 1915(b)(1), Plaintiff must pay
an initial partial filing fee in the amount of 20 percent of
the greater of Plaintiff’s average monthly account
balance or average monthly deposits for the six months
preceding the filing of the Complaint. Here, the court finds
the initial partial filing fee is $35.56, based on an average
monthly account balance of $177.81. Plaintiff must pay this
initial partial filing fee within 30 days or his case will be
subject to dismissal. Plaintiff may request an extension of
time if one is needed.

In
addition to the initial partial filing fee, Plaintiff must
“make monthly payments of 20 percent of the preceding
month’s income credited to the prisoner’s
account.” 28 U.S.C. § 1915(b)(2). The
statute places the burden on the prisoner’s institution
to collect the additional monthly payments and forward them
to the court as follows:

After payment of the initial partial filing fee, the prisoner
shall be required to make monthly payments of 20 percent of
the preceding month’s income credited to the
prisoner’s account. The agency having custody of the
prisoner shall forward payments from the prisoner’s
account to the clerk of the court each time the amount in the
account exceeds $10 until the filing fees are paid.

28 U.S.C. § 1915(b)(2). Therefore, after payment in full
of the initial partial filing fee, Plaintiff’s
institution must collect the remaining installments of the
filing fee and forward the payments to the court.

Plaintiff
is advised he will remain responsible for the entire filing
fee, as long as he is a prisoner, even if the case is
dismissed at some later time. See In re Tyler, 110
F.3d at 529-30; Jackson, 173 F.Supp.2d at 951.

2.
Plaintiff must pay an initial partial filing fee of $35.56
within 30 days, unless the court extends the time in which he
has to pay in response to a written motion.

3.
After payment of the initial partial filing fee,
Plaintiff’s institution must collect the additional
monthly payments in the manner set forth in 28 U.S.C.
§ 1915(b)(2), quoted above, and forward those
payments to the court.

4. The
clerk’s office is directed to send a copy of this order
to the appropriate official at Plaintiff’s institution.

5. The
clerk’s office is directed to set a pro se case
management deadline in this case using the following text:
June ...

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